A contracts to sell land to B for ₹5,000, then conveys it to C for ₹6,000. Assume an enforceable…
Section 19(b) of the Specific Relief Act, 1963 permits enforcement against a later transferee except one paying value in good faith without notice. Actual notice defeats…
Choose your answer
A contracts to sell land to B for ₹5,000, then conveys it to C for ₹6,000. Assume an enforceable contract and B’s compliance with specific-performance conditions. I. C actually knows of B’s contract. II. B openly possesses the land, but C buys without enquiring into B’s interest. In which stated situation may B enforce performance against C?
Answer and explanation
Correct answer C
Section 19(b) of the Specific Relief Act, 1963 permits enforcement against a later transferee except one paying value in good faith without notice. Actual notice defeats that protection. Under section 3 Explanation II of the Transfer of Property Act, actual possession gives notice of the possessor’s title; B must still satisfy the other specific-performance conditions.
Option feedback
Option A
Actual notice defeats purchaser protection, but possession and failure to enquire also defeat the stated no-notice claim.
Option B
The possession situation gives notice, but actual notice independently defeats the exception.
Option C
Section 19(b) protects only a transferee for value paying in good faith without notice; neither stated situation satisfies it.
Option D
Both situations give notice, excluding the protected-purchaser exception.
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